Lovick Engineering Pty Limited v Keith Johnson Family Trust trading as Johnson’s Towing and Mechanical Pty Limited [2017] NSWCATAP 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lovick Engineering Pty Limited v Keith Johnson Family Trust trading as Johnson's Towing and Mechanical Pty Limited [2017] NSWCATAP 35 Hearing dates: 13 July 2016 Date of orders: 20 February 2017 Decision date: 20 February 2017 Jurisdiction: Appeal Panel Before: J Harris SC, Senior Member D Fairlie, Senior Member Decision: 1 The appeal is reinstated 2 Leave to appeal is granted 3 The appeal is dismissed 4 The order of the Tribunal made on 6 October 2015 is confirmed 5 The Appellant is to pay the Respondent's reasonable costs of the appeal as assessed if not agreed, except for the costs of the reinstatement application, for which each party should pay its own costs. Catchwords: Adequacy of Reasons – Decision against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Cases Cited: Collins v Urban [2014] NSWCATAP 17 John Prendergast and Vanessa Prendergast v Western Murray Irrigation Pty Limited [2014] NSWCATAP 69 Keith v Gal [2013] NSWCA 339 Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 Category: Principal judgment Parties: Lovick Engineering Pty Limited (Appellant) Keith Johnson Family Trust trading as Johnson's Towing and Mechanical Pty Limited (Respondent) Representation: Counsel: M Manwaring (Appellant) J Matthews (Respondent)